Texas Employers' Insurance Ass'n v. Wright

On Motion for Rehearing

DIES, Chief Justice.

I respectfully dissent. I would remand this case for a new trial, holding the evidence insufficient to support the jury’s finding to Special Issue No. 17. I believe there is some evidence to support this finding as follows:

Plaintiff first injured this leg in March, 1969, and was later operated on by Dr. Shorkey. After the surgery, “I couldn’t work regular there on account of my knee swelling so bad on me. It was just so painful until I just couldn’t hold up to the work regular. * * * It never has got along well, never has.” At times his knee locks on…